benefit of counsel

(redirected from Ineffective assistance of counsel)
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benefit of counsel

n. having the opportunity to have an attorney and legal advice in any legal matter, but particularly while appearing in court. It may be important if someone makes an appearance or agrees to a contract without benefit of counsel, when a lawyer would be either essential or at least quite valuable.

References in periodicals archive ?
Like most ineffective assistance of counsel claims, the court rejected Mr.
detailed canvassing of ineffective assistance of counsel cases is beyond
55) Applying Stricklands two-part test to "challenges to guilty pleas based on ineffective assistance of counsel," relief was denied because the petitioner, William Lloyd Hill, did not claim that he would have pursued trial instead of pleading guilty or the presence of special circumstances such as undue emphasis on parole eligibility in the decision-making process.
Even if the Eighth Circuit declines to adopt the newly-presented evidence rule in all circumstances, at a minimum it should apply this standard in cases where the underlying claim is ineffective assistance of counsel for failure to present exculpatory evidence.
The Article proceeds in four parts: Part I discusses the Sixth Amendment and its importance to the accused; Part II briefly analyzes why the current standard for ineffective assistance of counsel contributes to the problem of excessive caseloads for state public defenders; Part III focuses on the ethical obligations of public defenders facing excessive caseloads; and Part IV outlines what needs to occur in order to improve the justice system for the accused.
37) Building on Correa, both the first district and second district ruled that a lawyer's failure to inform a client that a guilty plea may result in deportation constituted ineffective assistance of counsel (assuming the issue is material to the client).
The finding of ineffective assistance of counsel following a conviction at trial turns on a showing of two components.
In a rural county lacking adequate justice services for the poor and Spanish-speaking, and with ineffective assistance of counsel, the danger of wrongful convictions is high.
The court noted that without the confiscated affidavit of a key witness that would have supported his self-defense theory and contradicted the testimony of a state witness, the prisoner could not establish the materiality of the affiant's missing testimony necessary to prove his ineffective assistance of counsel claim.
Supreme Court, by a surprising 7-2 vote, struck down the death sentence of a convicted murderer, due to ineffective assistance of counsel in the penalty phase of the trial.
He is appearing in Los Angeles Superior Court seeking a new trial on grounds that he had ineffective assistance of counsel at his trial.